(a) If the employer and the injured employee or his dependents reach an agreement in regard to compensation under this Article, they may enter into a memorandum of the agreement in the form prescribed by the Commission.
An agreement, however, shall be incorporated into a memorandum of agreement in regard to compensation: (i) for loss or permanent injury, disfigurement, or permanent and total disability under G.S. 97-31, (ii) for death from a compensable injury or occupational disease under G.S. 97-38, or (iii) when compensation under this Article is paid or payable to an employee who is incompetent or under 18 years of age.
The memorandum of agreement, accompanied by the material medical and vocational records, shall be filed with and approved by the Commission; otherwise such agreement shall be voidable by the employee or his dependents.
(b) If approved by the Commission, a memorandum of agreement shall for all purposes be enforceable by the court's decree as hereinafter specified. Payment pursuant to G.S. 97-18(b), or payment pursuant to G.S. 97-18(d) when compensability and liability are not contested prior to expiration of the period for payment without prejudice, shall constitute an award of the Commission on the question of compensability of and the insurer's liability for the injury as reflected on a form prescribed by the Commission pursuant to G.S. 97-18(b) or G.S. 97-18(d) for which payment was made. An award of the Commission arising out of G.S. 97-18(b) or G.S. 97-18(d) shall not create a presumption that medical treatment for an injury or condition not identified in the form prescribed by the Commission pursuant to G.S. 97-18(b) or G.S. 97-18(d) is causally related to the compensable injury. An employee may request a hearing pursuant to G.S. 97-84 to prove that an injury or condition is causally related to the compensable injury. Compensation paid in these circumstances shall constitute payment of compensation pursuant to an award under this Article. (1929, c. 120, s. 56; 1993 (Reg. Sess., 1994), c. 679, s. 3.2; 2005-448, s. 7; 2017-124, s. 1(a).)
Notes of Decisions
Vernon v. Steven L. Mabe Builders, 444 S.E.2d 191 (N.C. 1994).
· cites it 16× “N.C.G.S. § 97-82 (1991). The Commission recognizes, pursuant to these sections, two forms of voluntary settlements, namely, the compensation agreement in uncontested cases, and the compromise or "clincher" agreement in contested or disputed cases.”
Pine v. Wal-Mart Assocs., Inc., 804 S.E.2d 769 (N.C. Ct. App. 2017).
· cites it 30× “The General Assembly, however, promptly abrogated the Supreme Court's decision in Wilkes by amending N.C. Gen. Stat. § 97-82 . 2017 N.C. Sess.”
Pine v. Wal-Mart Assocs., Inc., 821 S.E.2d 155 (N.C. 2018).
· cites it 21× “City of Greenville , 2 the legislature amended N.C.G.S. § 97-82(b) to provide that "[a]n award of the Commission arising out of G.”
Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993).
· cites it 6× “§ 97-58 (the right to "compensation" for occupational diseases and radiation injuries is barred unless timely filed).”
Shockley v. Cairn Studios Ltd., 563 S.E.2d 207 (N.C. Ct. App. 2002).
· cites it 10× “According to the statute and prior case law, the employer must generally contest the issue of compensability or liability within the 90-day period provided pursuant to N.”
Reinninger v. Prestige Fabricators, Inc., 523 S.E.2d 720 (N.C. Ct. App. 1999).
· cites it 7× “” The agreement was approved by the Commission on 14 March 1995 pursuant to N.C. Gen. Stat. § 97-82 . Plaintiff remained out of work from 17 January 1995 until 30 January 1995.”
Lewis v. Craven Reg'l Med. Ctr., 518 S.E.2d 1 (N.C. Ct. App. 1999).
· cites it 10× “In Form 21 and 26 agreements, which were both approved by the Commission pursuant to N.C. Gen.Stat. § 97-82, Defendants admitted liability and paid Plaintiff workers' compensation.”
Vernon v. Steven L. Mabe Builders, 430 S.E.2d 676 (N.C. Ct. App. 1993).
· cites it 14× “" Form 26 agreements are permitted by N.C.Gen.Stat. § 97-82, which provides that an employee may reach an agreement in regard to compensation under the Worker's Compensation Act, execute a memorandum of the agreement in the form prescribed by the Industrial Commission, and file…”
Gore v. Myrtle/Mueller, 653 S.E.2d 400 (N.C. 2007).
· cites it 4× “The statute provides in pertinent part: (a) The right to compensation under this Article shall be forever barred unless (i) a claim or memorandum of agreement as provided in G.S. 97-82 is filed with the Commission or the employee is paid compensation as provided under this…”
Higgins v. Michael Powell Builders, 515 S.E.2d 17 (N.C. Ct. App. 1999).
· cites it 8× “§ 97-18(d) constituted an award of the Industrial Commission pursuant to G.S. § 97-82(b), that plaintiff’s employment status was known or reasonably should have been known prior to the expiration of the statutory period had the servicing agent made any investigation thereof,…”
— N.C. Gen. Stat. § 97-82(a) — 2 cases
Lewis v. Craven Reg'l Med. Ctr., 518 S.E.2d 1 (N.C. Ct. App. 1999).
“In Form 21 and 26 agreements, which were both approved by the Commission pursuant to N.C. Gen.Stat. § 97-82, Defendants admitted liability and paid Plaintiff workers' compensation.”
— N.C. Gen. Stat. § 97-82(b) — 14 cases
Pine v. Wal-Mart Assocs., Inc., 821 S.E.2d 155 (N.C. 2018).
“City of Greenville , 2 the legislature amended N.C.G.S. § 97-82(b) to provide that "[a]n award of the Commission arising out of G.”
Higgins v. Michael Powell Builders, 515 S.E.2d 17 (N.C. Ct. App. 1999).
“§ 97-18(d) constituted an award of the Industrial Commission pursuant to G.S. § 97-82(b), that plaintiff’s employment status was known or reasonably should have been known prior to the expiration of the statutory period had the servicing agent made any investigation thereof,…”
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